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CA - Maternity Leave - I'm confused! California

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  • CA - Maternity Leave - I'm confused! California

    I'm new here and I've been reading a few posts. I am so confused. I would like to know more about maternity leave.

    I've been working for a small company (about 20 employees) for 6 months now. It'll be 9 months when I take leave. Prior to this job, I wasn't working for 3.5 months, but did not receiving an gov't assistance.

    I don't know if I pay for SDI. On my pay stub it says "CA - Disability Employee", is that the same as SDI?

    So, what would I apply for for financial assistance during my leave? Paid Family Leave or CFRA? I would only be paid for 6 weeks? Is that the case?

    When should I start applying? I plan to go on maternity leave in March, about a week to 2 weeks prior to my due date and remaining time after delivery. I plan to be out for 3 months total.

    Can someone better explain this to me?

    Thanks in advance!
    Last edited by twilightrose; 12-10-2009, 04:29 PM.

  • #2
    Your employer doesn't have enough employees for you to qualify for FMLA or CFRA (for bonding) (- need 50 employees or more within a 75 mi. radius of worksite). There are other requirements also - ie have had to work for employer for 12 mos.

    You will get PDL (pregnancy disability leave): Pregnancy Disability Leave-(under Fair Employment & Housing Act)
    An employer must provide up to four months disability leave for a woman who is **disabled** due to pregnancy, childbirth, or a related medical condition. (subject to med. cert.) However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition. All women will not require/need the total 4 mos of *disability* leave.
    Eligibility for pregnancy leave-
    A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. ******Further, an employee does not have to work full-time in order to be eligible.******
    (This is unpd. ****job protected**** leave.) Applies to employers with 5 or more employees.

    While you are off on disability, you should get Ca. SDI (state disability insurance) to get paid while you are off on disability.

    The PFL (paid family leave) is not actual leave but just pays you while you are off on bonding leave. (no job protection) You do not qualify for bonding time off under **job protected** CFRA @ your employer doesn't have enough employees for the CFRA. PFL provides up to six weeks of wage replacement benefits to employees who take leave to care for a seriously ill child, spouse, parent or domestic partner or to bond with a new child. (You have to get time off/qualify for time off for bonding to get the PFL. Since you don't qualify for CFRA, how much time you get off for bonding (if any) is up to your employer.)
    Last edited by Betty3; 12-10-2009, 05:32 PM. Reason: add info
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Here's some add'l. info in regard to PDL that might be of interest to you.

      Pregnancy Disability Leave

      Under California’s Pregnancy Disability Leave law (PDL), it is an unlawful employment practice for an employer to refuse to allow a female employee disabled by “pregnancy, childbirth, or related medical conditions to take a leave for a reasonable period of time not to exceed four months.” Cal. Govt. Code § 12945(a). The four-month period is a maximum. If, however, the employer provides more than four months of leave for other types of temporary disabilities, the employer must make the extended leave period available to women taking PDL. Leave may be taken intermittently, or it may be taken on a reduced work schedule. Cal. Code Regs. tit. 2, § 7291.7(a)-(b). Leave can be taken for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth and related medical conditions. There is no length of service requirement before an employee is entitled to take this leave. Cal. Code Regs. tit. 2, § 7291.7(c). At the end of the leave or transfer period, an employee is generally entitled to reinstatement. Cal. Code Regs. tit.2, § 7291.9.

      If an employee requests, upon the advice of her health care provider, reasonable accommodation for her disabling condition, the employer shall grant it. If an employee requests, with the advice of her physician, a temporary transfer to a less strenuous or hazardous position for the duration of her pregnancy, the employer shall comply if the transfer can be reasonably accommodated. Cal. Govt. Code § 12945(b).

      An employer is subject to California’s pregnancy disability leave law if the employer regularly employs five or more full- or part- time employees. Cal. Govt. Code §§ 12926(d) & 12945; Cal. Code Regs. tit. 2, § 7291.2(h). The state, political or civil subdivisions of the state, and cities must also comply, regardless of the number of employees.

      Employers may require employees to provide reasonable notice of when they intend to take PDL leave or request a transfer, and the estimated length of the leave or transfer. The employee must provide this notice at least 30 days in advance, unless it is not practicable to do so. If the employer puts any notice requirements into place, it must give employees advance notice of those requirements. Also, as soon as practicable after receiving the employee’s notice, but no later than 10 calendar days, the employer shall respond to the employee’s request. Cal. Code Regs. tit. 2, § 7291.10.

      The employer may require a written medical certification, but only if the employer also does so for similarly situated employees. The employer may not require any more information than is allowed by the regulations. If the certification expires, the employer may ask for recertification. The employer may also require the employee to provide a “return-to-work” release from a health care provider. Cal. Code Regs. tit.2, § 7291.10(b)-(c).

      *****PDL is not paid leave. Employees may be entitled, however, to Ca. state disability benefits to replace lost wages.*****
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Here is information about SDI:

        http://www.edd.ca.gov/Disability/FAQ....htm#Pregnancy

        You will get SDI for any period of time that you are actually disabled by pregnancy. Generally, this will be 4 weeks prior to the birth and 6-8 weeks after, depending on your recovery.

        As Betty said, your job will only be protected under PDL, not CFRA since your employer is not big enough. And since you will not have bonding time, you won't be able to collect paid family leave unless your employer grants you additional time off beyond your PDL.

        You will apply for SDI at the time your doctor certifies your disability (try to apply on the same day you are certified as disabled to minimize the delay in receiving checks...it can take several weeks). There is a 7 day waiting period that you will not be paid for.

        Comment


        • #5
          I know this is all rather involved & confusing. If you have any add'l. specific questions, please let us know. You are not the only employee who has been confused with Ca. pregnancy laws. Just take your time & read it all.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Thanks for your helpful responses.

            I think I need to sit down and discuss with my employer what their policy is and how much time they will allow me to take off. From initial talks, they mentioned that I can as much time off as I need. I am thinking that 3 months should be a good amount of time.

            On my pay stub, it doesn't say SDI, it says "CA-Disability Employee". Is this the same as SDI?

            Comment


            • #7
              Yes, it certainly will be a good idea to discuss your pregnancy leave with your employer.

              re your pay stub - yes, that means you are paying into Ca. SDI.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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